In developing regulations under this subchapter, the Secretary shall consult with State and local educational agencies, organizations representing limited English proficient individuals, and organizations representing teachers and other personnel involved in bilingual education.

(b) Parental notification

(1) In general

Parents of children and youth participating in programs assisted under part A of this subchapter shall be informed of-- (A) a student's level of English proficiency, how such level was assessed, the status of a student's academic achievement and the implications of a student's educational strengths and needs for age and grade appropriate academic attainment, promotion, and graduation; (B) what programs are available to meet the student's educational strengths and needs and how the programs differ in content and instructional goals, and in the case of a student with a disability, how the program meets the objectives of a student's individualized education program; and (C) the instructional goals of the bilingual education or special alternative instructional program, and how the program will specifically help the limited English proficient student acquire English and meet age-appropriate standards for grade- promotion and graduation, including-- (i) the benefits, nature, and past academic results of the bilingual educational program and of the instructional alternatives; and (ii) the reasons for the selection of their child as being in need of bilingual education.

(2) Option to decline

(A) Such parents shall also be informed that such parents have the option of declining enrollment of their children and youth in such programs and shall be given an opportunity to so decline if such parents so choose. (B) A local educational agency shall not be relieved of any of its obligations under title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.] because parents choose not to enroll their children in bilingual education programs.

(3) Receipt of information

Such parents shall receive, in a manner and form understandable to such parents, including, if necessary and to the extent feasible, in the native language of such parents, the information required by this subsection. At a minimum, such parents shall receive-- (A) timely information about projects funded under part A of this subchapter; and (B) if the parents of participating children so desire, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents.

(4) Special rule

Students shall not be admitted to or excluded from any federally assisted education program merely on the basis of a surname or language-minority status.

The Civil Rights Act of 1964, referred to in subsec. (b)(2)(B), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.